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DOC/NOAA RIN: 0648-BL01 Publication ID: Spring 2022 
Title: ●Emergency Action to Reopen the 2021 Limited Entry Fixed Gear Primary Sablefish Tier Fishery to Vessels Using Pot Gear 
Abstract:

At its September 2021 meeting, the Pacific Fishery Management Council requested feedback from advisory bodies and members of industry to consider extending the 2021 sablefish primary season in response to unusually high underattainment for the sector. This underattainment is attributed to unforeseen delays related to the ongoing COVID-19 pandemic that has resulted in severe problems for the harvesting fleet, processors, and sales managers to catch, process, and market sablefish in a timely manner that fit within the current tiered season of April 1 to October 31. The Council determined the action necessary to provide operational flexibility so that vessels in the sablefish primary fishery would be able to fully harvest their tier limits in response to high economic uncertainty in 2021. On October 29, 2021, NMFS took emergency action to extend the sablefish primary fishery season for vessels using bottom longline gear from October 31 to December 31 for the 2021 fishing year (86 FR 59873). The Council recommended the emergency extension for the sablefish primary fishery, which includes vessels fishing with longline and/or pot gear. Due to lack of a Marine Mammal Protection Act (MMPA) section 101(a)(5)(E) permit for sablefish pot gear, however, NMFS only issued the temporary season extension for vessels using bottom longline gear. This emergency rule for a temporary extension of the primary season for vessels using pot gear will only publish if NMFS makes the determination that the sablefish pot gear fishery meets the requirements of the MMPA for issuance of a MMPA section 101(a)(5)E) permit and issues the permit. We anticipate NMFS will make a decision on this determination before the end of the year. This emergency rule will temporarily reopen the 2021 Limited Entry Fixed Gear sablefish primary fishery to vessels using pot/trap gear North of 36° North latitude until December 31, 2021. This action is necessary to provide operational flexibility so that vessels in the sablefish primary fishery are able to fully harvest their tier limits in response to high economic uncertainty in 2021.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 660   
Legal Authority: 16 U.S.C. 1801 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  12/10/2021  86 FR 70420   
Interim Final Rule Effective  12/10/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Scott Rumsey
Acting Regional Administrator, West Coast Region
Department of Commerce
National Oceanic and Atmospheric Administration
1201 NE Lloyd Boulevard, Suite 1100,
Portland, OR 97232
Phone:503 872-2791
Email: scott.rumsey@noaa.gov